December 9, 2016
C. Dennis Loomis
direct dial: 310.442.8865
cdloomis@bakerlaw.com
VIA ECF
Hon. Richard J. Sullivan, U.S.D.J.
Thurgood Marshall United States Courthouse
40 Foley Square
New York, NY 100007
Re:
Capital Records, LLC v. ReDigi Inc., et al.
Case No. 12 cv. 0095 (RJS): Defendants’ Pre-Motion Letter to Unseal All Documents
Previously Filed by ReDigi, Inc. Under Seal or in Redacted Form
Dear Judge Sullivan:
We represent defendants and appellants ReDigi, Inc. (“ReDigi”), John Ossenmacher and Larry
Rogel, aka Larry Rudolf (collectively, “Appellants”) for the limited purpose of prosecuting
Appellants’ appeal from the judgment entered in this action, including all actions necessary and
appropriate to that undertaking.
In that regard, we write in accordance with Rule 2.A. of the Court’s Individual Practices, to
request that all documents that were originally filed by ReDigi under seal and/or in redacted
form (the “ReDigi Sealed Documents), now be unsealed and made available to the public in full,
un-redacted form. The ReDigi Sealed Documents, when initially filed, were confidential and
warranted protection against unrestricted public disclosure under the principles articulated in
Lugosch v. Pyramid Co. of Onondag, 435 F.3d 110, 119-20 (2d Cir. 2006). 1 ReDigi now makes
this request on the grounds that (1) the technical information that was confidential in 2012, has
now become publicly available as a consequence of the issuance of patent protection on certain
ReDigi technology and the public availability of other ReDigi technology involved in
applications for patent protection that are still being prosecuted; and (2) other of the ReDigi
Sealed Documents disclosed information about ReDigi business operations and plans that,
1
ReDigi filed motions to permit the ReDigi Sealed Documents, conditionally filed under seal and, in part, in
redacted form, to remain filed under seal (see Docket Nos. 67, 68 and 69 and Nos. 99, 100 and 101). The Court
granted ReDigi’s motions (See Docket Nos. 71 and 102). All of the RiDigi Sealed Documents remain under seal.
Hon. Richard J. Sullivan, U.S.D.J.
December 9, 2016
Page 2
through the passage of time, has ceased to be proprietary or significant, and no longer requires
protection against public disclosure.
In particular, Appellants seek to have the full, un-redacted versions of each of the following
ReDigi Sealed Documents unsealed and made part of the publicly available record in this matter:
Docket Nos. 17, 49, 50, 52, 53, 57 (Declaration of Gary Adelman, unseal Exhibits 8, 9, 10 and
11; Exhibit 6 to remain under seal); 58, 59, 60, 62, 74, 75, 76, 77, 78, 79, 80, 82, 83, 85, 87, 88,
89, 90, 91, 92, 94, 171 (Mandel Declaration, unseal Exhibit B), and 173 (Mandel Declaration,
unseal Exhibit B).
We acknowledge that plaintiff Capitol Records also moved to authorize the continued filing
under seal or in redacted form of certain limited information proprietary to Capitol Records
relating to the contractual relationship between Capitol Records parent company EMI Music and
Apple Computer, Inc. (See Docket Nos. 63, 64 and 65 and 96, 97 and 98.) These motions were
granted. (See Docket Nos. 71 and 102.) Appellants do not seek to have any of the Capitol
Records confidential information identified in its motions for sealing to be unsealed at this time.
However, Appellants do require access to the full, un-redacted versions of the Capitol Records
confidential information in order to fully prepare for and prosecute the appeal. Appellants
therefore further request that the Court direct that Appellants’ counsel become bound by the
Stipulated Protective Order in this action (Docket No. 38) and that plaintiffs’ counsel be directed
to provide full, un-redacted copies of the Capitol Records information currently filed under seal
as “Confidential – Attorneys Eyes Only” material under the Protective Order,
For the foregoing reasons, Appellants respectfully request that all of the ReDigi Sealed
Documents identified above be unsealed and that full, un-redacted versions of those Documents
now be made part of the public record in this action, and that Appellants’ counsel be provided
un-redacted copies of the Capitol Records information on the terms described above.
Sincerely,
Baker & Hostetler LLP
/s/ C. Dennis Loomis
C. Dennis Loomis
Partner
cc:
All Parties Receiving Notice via ECF
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